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The death of a loved one due to an asbestos related disease is devastating for any family, not just because of the obvious emotional distress involved, but also due to the practical and financial issues this can cause.
If you have lost a loved one due to mesothelioma, lung cancer, asbestosis, pleural thickening or any other disease caused by exposure to asbestos, claiming for asbestos death compensation can never truly make up for that loss, but it can make life much easier for you and your family during this difficult time.
Get in touch with our asbestos disease solicitors for a free initial consultation.
When someone is diagnosed with an asbestos related disease, legal advice should be sought to consider if a claim for compensation can be made. If your loved one that suffers from an asbestos related disease passes away, or it is discovered after that their cause of death is from an asbestos related disease, then you may be eligible for compensation.
Asbestos related disease claims are one of the more complex and challenging areas of personal injury law. We have helped recover £82 million in compensation since 2005 in asbestos related disease claims. The team has long-standing relationships with many agencies and charities that help people with asbestos related diseases, and their families receive as much assistance and support as possible during a very difficult time.
We offer the clear, empathetic advice and specialist legal expertise and representation you need to secure a fair settlement to help deal with the financial and practical consequences of your loss. To arrange a free initial conversation with our friendly, expert fatal mesothelioma and asbestos disease claims solicitors, please get in touch.
Partner, Asbestos
Mr Burgis’ exposure to asbestos during his working life was relatively straightforward. Mr Burgis was exposed to asbestos by two employers. The first, and main employer, was no longer trading and had been dissolved as a legal entity. The second, challenging issues relating to the amounts of exposure to asbestos. Boyes Turner continued to fight for justice on Mr Burgis’ behalf and settled for a total of £1.1 million.
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Am so grateful to have had the backing and help from the team at Boyes Turner for my claim. Their knowledge and advice was amazing and felt really confident in the claim and the outcome. A very difficult time made easier.
I selected Boyes Turner from a list given to me by an asbestos charity, on the strength of the CV’s of the specialist solicitors. It was a wise choice, I feel. Melloney Harbutt has been great from day one, despite my occasionally disappearing into hospital for emergency treatment. Very supportive, very knowledgeable and very friendly. The whole process has been made easier for me thanks to their great communication skills and knowledge of the process. Thank you
Laura Magson was superb in all the dealings with this claim from start to finish. She was professional, friendly and extremely helpful in keeping in touch regularly through a very difficult situation for my wife and l. We feel as though we have made a good friend. The outcome was as she had hoped for us after negotiating herself through what could be termed as a minefield! One to be highly recommended, well done Laura and thank you so much.
I would whole heartedly recommend Laura to anyone who needs legal representation following a mesothelioma diagnosis. Very sadly my partner died just 8 months after his diagnosis, and before the claim was settled. With Laura’s advice and expertise I was able to continue with the compensation claim which was eventually settled through negotiation and without the need to go to court. I am very grateful to Laura not only for her legal proficiency, but also for the manner in which she managed the case. She was quick to respond to communications, and has been understanding, compassionate and supportive throughout.
Absolutely delighted with the speed, efficiency and clarity of the support provided by Laura in my claim against my former employer. She cut through the legalese jargon and explained everything in detail making my decision making easy. Additionally, she handled my grim prognosis details with compassion and showed a great understanding of, not only the legal aspects, but also the complex medical details and options. The prompt settlement negotiated by Laura has ensured I can "enjoy" the benefits while still fairly mobile and also she ensured the defendants would fund any future treatments not funded by the NHS should I need them. It was a pleasure working with Laura and I would have no hesitation whatsoever in recommending her to others.
An asbestos claim after death is a claim for financial compensation for families who have lost loved ones to an asbestos related disease. Asbestos related diseases can cause a great deal of suffering to those involved. Unfortunately, many of these diseases are preventable and are often down to poor conduct of former employers.
The financial impact of losing a family member to an asbestos related disease can be very difficult for some families. The process of claiming compensation starts with an asbestos claim after death. These claims are made against the parties responsible for the exposure to asbestos, which in most cases is a previous employer.
The majority of claims we handle for asbestos compensation after death are funded on the basis of a Conditional Fee Agreement (“no win, no fee”).
We will also provide an initial meeting free of charge, without any obligation to take matters further. At that meeting, we will discuss how to fund your claim and assess prospects of success if sufficient information is available at that stage.
Find out more about funding your claim.
While a Conditional Fee Agreement means you do not need to pay anything towards our legal fees at the start of your claim, we do recommend taking out After the Event (ATE) insurance. ATE insurance is intended to cover the cost of the defendant’s legal fees in the unlikely event that you were to become liable for their costs.
If your loved one passed away due to mesothelioma, then the defendants will almost always pay the insurance premium. There are no upfront fees in any case, as the premiums are deferred until the conclusion of your case.
To be able to claim compensation for the asbestos related death of a loved one, you will need to be their surviving spouse, civil partner, child, or the executor of their estate. If you are unsure whether you may be able to make a claim for asbestos compensation after death, please get in touch, and we will be happy to discuss this with you.
To be eligible for compensation for an asbestos related death, a number of key factors must apply:
Sadly, it is very common for someone with mesothelioma, lung cancer, asbestosis, or another asbestos related disease who starts a compensation claim to pass away before the claim is resolved. Where this occurs, it may be possible for their family to continue the claim, or it may be appropriate to start a separate claim, depending on the circumstances.
Our asbestos claims solicitors can advise you on the best option for you and guide you through the process, taking over an asbestos claim or starting a new claim.
When someone sadly passes away, and they were suffering from an asbestos related disease, the death is often referred to the coroner. The death may be considered in more detail by the coroner, and it may be that the death was wholly or partially caused by previous asbestos exposure. Alternatively, it may be that your loved one was suffering from an asbestos related disease but that the cause of death was unrelated to asbestos.
For example, if someone who dies due to respiratory failure was suffering from an asbestos related pleural effusion or pleural thickening, those asbestos related issues may be considered a contributing factor to the respiratory failure, but not the sole cause.
On the other hand, someone may be suffering with asbestosis (or another condition) during their life, but can also have other problems such as a heart condition which might be their actual cause of death. In situations where your loved one's death was partially caused, or contributed to, by asbestos disease or where they were suffering from an asbestos related disease during their lifetime, but another unrelated condition caused their death, the family can often continue with a pre-existing claim.
Exactly what you can claim for an asbestos related death will depend on the circumstances, but key types of compensation you may be able to claim include:
We will aim to provide a clear estimate of your claim’s likely value at the earliest opportunity, so please get in touch to find out more.
You will generally have three years from the date of death to make a claim for asbestos compensation after death.
In exceptional circumstances, a court may grant permission to bring a claim outside of this three-year time limit, however, this is rare, so should not be relied on. We therefore recommend you contact our asbestos solicitors as soon as possible to ensure you do not miss out on the chance to make a claim.
Even if the deceased already claimed compensation for their disease before their death, you may still be able to make a separate claim depending on the circumstances.
Whether you are eligible to make a separate claim will depend on the details of the previous claim, so this is something we would need to review with you during your free initial consultation.
The overwhelming majority of claims for asbestos compensation after death can be resolved with an out-of-court settlement. This allows you to get a fair settlement for your claim without the stress and uncertainty of court proceedings. It also normally makes the claims process much faster and less costly.
However, in some cases court proceedings may be required to ensure you are able to get the compensation you are entitled to. In such cases, we can offer the experienced, expert representation and emotional support you need to make the process as straightforward and stress-free as possible, while ensuring your case is presented in the most effective way.
Partner
Legal Director
Associate Solicitor
